Legal Opinion

Cheang-Kee v. United States

Supreme Court of the United States

Decided December 15, 1865PublishedCited by 1 opinion

A statute of the United States,* relating to the Circuit Court for California, enacts that, by consent of parties, “ issues of fact in civil cases may be tried and determined by the said Circuit Court without the intervention of a jury.”

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A statute of the United States,* relating to the Circuit Court for California, enacts that, by consent of parties, “ issues of fact in civil cases may be tried and determined by the said Circuit Court without the intervention of a jury.” Under this statute the court, in giving its decision, is to state the facts found and the conclusions of law separately; and a review by this court is to be limited to a determina tion of the sufficiency of the facts found to support the judgment, and to the rulings of the court in admitting or rejecting evidence, and in the construction of written documents.…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

The first two exceptions — those relating to the motion and order for judgment, and to the motion and order to set aside what had been directed — relate to matters wholly within the discretion of the Circuit Court, and are not reviewable here. This is not merely settled by repeated decisions, but is expressly directed by an act of Congress prescribing the limits of this court’s jurisdiction upon writs of error to the Circuit Court of California.*

The third exception related to the examination of witnesses on the trial. This exception must…

2Cited by1 opinion

  1. Cheang-Kee v. United StatesSupreme Court of the United States · 1866

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